Part 47 PROCEDURE FOR DETAILED ASSESSMENT OF COSTS AND DEFAULT PROVISIONSC1C2C3C4C5C6F1
Contents of this Part
Title | Number |
|---|---|
| SECTION I – GENERAL RULES ABOUT DETAILED ASSESSMENT | |
| Time when detailed assessment may be carried out | 47.1 |
| No stay of detailed assessment where there is an appeal | 47.2 |
| Powers of an authorised court officer | 47.3 |
| Venue for detailed assessment proceedings | 47.4 |
| SECTION II – COSTS PAYABLE BY ONE PARTY TO ANOTHER - COMMENCEMENT OF DETAILED ASSESSMENT PROCEEDINGS | |
| Application of this Section | 47.5 |
| Commencement of detailed assessment proceedings | 47.6 |
| Period for commencing detailed assessment proceedings | 47.7 |
| Sanction for delay in commencing detailed assessment proceedings | 47.8 |
| Points of dispute and consequence of not serving | 47.9 |
| Procedure where costs are agreed | 47.10 |
| SECTION III – COSTS PAYABLE BY ONE PARTY TO ANOTHER – DEFAULT PROVISIONS | |
| Default costs certificate | 47.11 |
| Setting aside a default costs certificate | 47.12 |
| SECTION IV – COSTS PAYABLE BY ONE PARTY TO ANOTHER – PROCEDURE WHERE POINTS OF DISPUTE ARE SERVED | |
| Optional reply | 47.13 |
| Detailed assessment hearing | 47.14 |
| Provisional Assessment | 47.15 |
| SECTION V – INTERIM COSTS CERTIFICATE AND FINAL COSTS CERTIFICATE | |
| Power to issue an interim certificate | 47.16 |
| Final costs certificate | 47.17 |
| SECTION VI – DETAILED ASSESSMENT PROCEDURE FOR COSTS OF A LSC FUNDED CLIENT OR AN ASSISTED PERSON WHERE COSTS ARE PAYABLE OUT OF THE COMMUNITY LEGAL SERVICE FUND | |
| Detailed assessment procedure where costs are payable out of the community legal service fund | 47.18 |
| Detailed assessment procedure where costs are payable out of a fund other than the community legal service fund | 47.19 |
| SECTION VII – COSTS OF DETAILED ASSESSMENT PROCEEDINGS | |
| Liability for costs of detailed assessment proceedings | 47.20 |
| SECTION VIII – APPEALS FROM AUTHORISED COURT OFFICERS IN DETAILED ASSESSMENT PROCEEDINGS | |
| Right to appeal | 47.21 |
| Court to hear appeal | 47.22 |
| Appeal procedure | 47.23 |
| Powers of court on appeal | 47.24 |
- SECTION IGeneral Rules about Detailed Assessment
- SECTION IICosts Payable by one Party to another – Commencement of Detailed Assessment Proceedings
- SECTION IIICosts payable by one Party to another – Default Provisions
- SECTION IVCosts payable by one Party to another – Procedure where Points of Dispute are Served
- SECTION VInterim Costs Certificate and Final Costs Certificate
- SECTION VIDetailed Assessment Procedure for Costs of A LSC Funded Client or , an Assisted Person or Person to Whom Legal Aid is Made Available where Costs are Payable out of the Community Legal Service Fund or by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012
- SECTION VIICosts of Detailed Assessment Proceedings
- SECTION VIIIAppeals from Authorised Court Officers in Detailed Assessment Proceedings
Annotations
Textual amendments
- F1
Pts. 44-48 substituted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 16, Sch. (with rule 22)
Modifications
- C1
Pt. 47 applied (with modifications) (1.7.2015) by S.I. 2007/1744, rule 160 (as substituted by The Court of Protection (Amendment) Rules 2015 (S.I. 2015/548), rules 1(2)(b), 52)
- C2
Pt. 47 applied (5.7.2018) by The Housing Administration (England and Wales) Rules 2018 (S.I. 2018/719), rules 1.1, 4.29(3) (with rule 1.2)
- C3
Pt. 47 applied (31.1.2019) by The Education Administration Rules 2018 (S.I. 2018/1135), rules 1, 4.27(3) (with rule 1.2)
- C4
Pt. 47 applied (1.8.2020) by The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020 (S.I. 2020/629), rules 1, 120(3) (with rule 4(1))
- C5
Pt. 47 applied (with modifications) (12.11.2021) by The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021 (S.I. 2021/1178), rules 2, 224, 225 (with rule 5)
- C6
Pt. 47 applied (18.7.2023) by The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023 (S.I. 2023/712), rules 1(2)(a), 116(3) (with rule 2)